Snoddy v. Snoddy

Decision Date31 July 2001
Docket NumberNo. 1999-CA-01102-COA.,1999-CA-01102-COA.
Citation791 So.2d 333
PartiesCynthia SNODDY, Appellant v. Marc SNODDY and Cecil Douglas Courtney a/k/a Douglas Cecil Snoddy, Appellees.
CourtMississippi Court of Appeals

G. Charles Bordis, IV, Ocean Springs, Attorney for Appellant.

Frederick J. Lusk, Jr., Biloxi, W. Eugene Henry, Attorneys for Appellees.

BEFORE McMILLIN, C.J., BRIDGES, and PAYNE, JJ.

BRIDGES, J., for the Court:

¶ 1. This case comes from the Jackson County Chancery Court, Honorable William H. Myers presiding. On January 20, 1998, Cynthia Snoddy filed for divorce on the grounds of habitual cruel and inhuman treatment. The chancery court denied Cynthia's complaint. Cynthia comes now to this Court bringing five issues:

1. WHETHER THE LOWER COURT COMMITTED REVERSIBLE ERROR BY DISMISSING THE COMPLAINT FOR CONTEMPT FILED AGAINST MARC SNODDY?
2. DID THE LOWER COURT ERR IN FAILING TO ENTER A FINDING OF FACT AND CONCLUSIONS OF LAW AND IN GRANTING MARC SNODDY AND DOUGLAS CECIL COURTNEY A DIRECTED VERDICT AND DISMISSING THE PLEADINGS OF CYNTHIA SNODDY?
3. WHETHER THE LOWER COURT COMMITTED REVERSIBLE ERROR IN DISMISSING CYNTHIA'S REQUEST TO HAVE A DEED SET ASIDE WHICH PURPORTED TO CONVEY HER HOMESTEAD TO A THIRD PARTY WITHOUT HER SIGNATURE?
4. WAS THE CHANCELLOR MANIFESTLY WRONG IN FAILING TO FIND THAT DOUGLAS C. COURTNEY AND MARC SNODDY SHOULD BE EQUITABLY ESTOPPED FROM ASSERTING OWNERSHIP OF THE REAL ESTATE AND MARITAL HOMESTEAD AND WHETHER THE LOWER COURT WAS MANIFESTLY WRONG IN FAILING TO RECOGNIZE A CONSTRUCTIVE TRUST IN FAVOR OF CYNTHIA SNODDY?
5. DID THE LOWER COURT ERR IN FAILING TO GRANT A DIVORCE TO CYNTHIA SNODDY ON THE GROUNDS OF HABITUAL CRUEL AND INHUMAN TREATMENT?

Finding error, we reverse and remand.

STATEMENT OF FACTS

¶ 2. Marc and Cynthia Snoddy began living together sometime during the summer of 1979. Two children, both boys, were born to them prior to their marriage. The older son, Jason Paul Snoddy, was born July 24, 1980. The younger son, Bryan Matthew Snoddy, was born January 5, 1982 and died of crib death. Marc and Cynthia were married in June of 1982, and have since had three other children: Lindsey Renee Snoddy, born March 16, 1983; Joel Robert Snoddy, born March 29, 1986; and Michael John Snoddy, born May 16, 1996.

¶ 3. The Snoddys' marriage could best be described as arduous. Marc did not have a regular job from the time they met until 1996 and admitted to selling drugs during this time. Cynthia did not work either. Marc was arrested twice during the course of their marriage: in 1988 in Texas for investment fraud and in 1989 in Mississippi for possession of marijuana with intent to sell (he pled down to a charge of possession). Cynthia admitted she knew of Marc's illegal dealings.

¶ 4. Besides his illegal income, Marc co-owned a hardware store with his brother which they bought in 1979. A large portion of the front of this store was condemned in 1989 by the State through adverse possession, and Marc was paid the sum of $236,000. Marc's family lived off this money for several years. Eventually, Marc sold the remainder of the store in 1995, and received $120,000, which was also used to support the family.

¶ 5. In 1980, Marc bought the parcel of land upon which the family's home was built. This consisted of twenty acres, and was bought prior to the marriage. Marc later bought an adjoining twenty-four acre parcel after he and Cynthia were married. Construction of the home began in 1982, and was finished in 1984. The upstairs was used by Marc's father as an apartment. In November 1986, Marc conveyed the four acres the house was on to his father, Cecil Courtney. Courtney testified he paid for the construction of the house (approximately $100,000), and he bought the house and land by deed for an additional $40,000 ($140,000 total). This deed was not recorded until 1988, at approximately the same time as Marc's arrest. Cynthia did not co-sign the deed. Later in 1988, Cecil had a deed drawn up conveying the same parcel back to Marc, for the purpose of avoiding problems after his death. This deed was never recorded.

¶ 6. Cynthia filed for divorce in 1990 on the grounds of habitual cruel and inhuman treatment. Cynthia cited as grounds for this divorce Marc's controlling attitudes and an episode in which Marc told her she could no longer use the upstairs portion of the house. According to Cynthia, Marc then began throwing her furniture down the stairs. After some heated words were exchanged, Marc grabbed Cynthia and gave her a spanking. Another point of contention was that Cynthia acquired a credit card and incurred a large amount of debt. The complaint for divorce was withdrawn prior to trial, and Cynthia resumed living with Marc. Marc and Cynthia went to several different counselors to help work things out, and Cynthia went to a psychiatrist several times by herself. She was prescribed medication (anti-depressants) to help deal with stress.

¶ 7. In 1996 Cecil Courtney bought several lots of land upon which he and Marc planned to develop a shopping mall called Washington Plaza. Cecil hired Marc to supervise the building of the project and to manage the mall once it was built. Marc had an extra phone line run to the family home so he could take calls there. Marc paid for some things during the beginning phases of construction such as payment for the movement of dirt and taxes on the land. Marc testified he was reimbursed for these expenditures. Several of Marc's car payments were made by his employer.

¶ 8. Between the time of the first divorce petition being dismissed and the current separation, Cynthia got a job as an office manager. Because Cynthia was at the house less, Marc began doing many things around the house such as cleaning and grocery shopping. Cynthia also got another credit card without Marc's knowledge.

¶ 9. In September of 1997, Marc and Cynthia had their marriage blessed by the Catholic Church. Three months later, in December of 1997, Cynthia separated from Marc after a series of events. On December 13, Cynthia discovered Marc had gone through her purse and found her credit card bill. She confronted him about this, and he told her he wanted her to quit her job. Cynthia claimed Marc then went to her employers' house, threatened them, and told them she was quitting. Marc denied doing this.

¶ 10. Then on December 14, Marc went to Baton Rouge. Before leaving, Marc told Cynthia he expected her to quit her job and have her credit card paid off by the end of the month. Inevitably, an argument ensued. After walking into the kitchen, where the children were sitting, Cynthia asked Marc to tell them all why he was leaving. In what Marc described as a fit of frustration, Marc told them he sometimes smoked and sold marijuana and at that moment he was going to sell marijuana.

Later that month, on Christmas Eve, Marc asked Cynthia if she had done the things he had asked her to do. She told him no. Marc then gave Cynthia a note stating he was fasting and would not bring any more food into the house until she had done the things he had asked her to do. Marc testified he would not have prevented Cynthia from bringing food into the house, only that he would not do any more shopping until she had done those things.

¶ 11. On December 29, Marc was feeding his youngest son, who was two at the time. The boy refused to eat, so Marc refused to let the baby out of his high chair until he ate. Marc told this to Cynthia, and refused to let her pick up the baby. Lindsey, the Snoddy's daughter, then tried to pick up the baby and Marc stopped her. The father and daughter traded several insults, and when Lindsey tried to call the child abuse hotline, Marc grabbed her and threw her out of the house. It was at this point that Cynthia left Marc.

¶ 12. Cynthia filed for divorce on January 20, 1998. She cited the above instances of conduct and Marc's desire to control everything. She was awarded temporary custody of the children and was awarded temporary possession of the marital home. She was also awarded $1500 cash for support, until a hearing could be held in April. Prior to the hearing Cynthia was allowed to amend her pleadings to include her father-in-law, Cecil Courtney, so the court could deal with the sale of the home and the land at Washington Plaza. At the April hearing Marc was ordered to pay $450, due by April 15, 1998, and also to pay child and spousal support in the amount of $1000 a month, $500 to be paid on the first of the month and $500 to be paid on the fifteenth of the month thereafter. This order was amended by the court on May 27, 1998, changing the amount paid per month to $1200 a month ($600 on the first and $600 on the fifteenth) and making Marc responsible for paying all necessary expenses of the children, such as counselors, tutors, and medical professionals. On September 8, 1998, the chancellor entered an order finding Marc in contempt of court for failing to pay the arrearage of his child support, and he was ordered to pay an additional $500 for attorneys fees.

¶ 13. Cynthia filed a second complaint for contempt in December of 1998. Cynthia asked the chancellor to find Marc in contempt of court for failing to pay the arrearage of child support. During this hearing the chancellor decided, for the sake of judicial economy, to hold the matter over until trial to make a final decision on the contempt issue.

¶ 14. It should be noted that during the separation several things occurred which have a bearing on this case. First of all, after the hearing in May, Marc and his daughter Lindsey had another fight. The testimony shows the two were play wrestling in the family home, but soon the playing became heated. Marc was quoted as telling his daughter he would "knock her f____ing head off", and he did not care what the judge said. It was pointed out that during the separation, Marc and Cynthia Snoddy lived together during the time of Hurricane Georges, and they were intimate several times....

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